Fowler v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Geneva. Tried before the Hon. J. M. Carmichael. The appellant was indicted, tried and convicted of grand larceny for stealing an ox, the property of one Charles L. Phillips.
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Appeal from the Circuit Court of Geneva. Tried before the Hon. J. M. Carmichael. The appellant was indicted, tried and convicted of grand larceny for stealing an ox, the property of one Charles L. Phillips. Upon the examination of Charles L. Phillips, it was shown by the State that the said Phillips owned an ox, and that it had not been seen since about the 6th of September, 1892. This witness further testified “that some two or three weeks after that time he was shown some horns; that one Murdock had the horns, and had gotten them from one Martin; that •they were the horns of the ox which he…
1Opinion of the CourtHead, J.
The testimony of Charles L. Phillips, in reference to the ox horns said to have been found, in connection with other evidence, tended to prove the corpus delicti, and was admissible.
It was immaterial whether Phillips had paid, or offered to pay, Malone & Collins for the oxen or not. If he was in possession of them, at the time of the alleged larceny, either as a conditional purchaser or a bailee, the ownership was properly laid in him. It is not disputed that he was in possession in the one or the other 'capacity. The ruling of the court on this point was free from error.
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2Cited by22 opinions
- Lacey v. StateAlabama Court of Appeals · 1915
- Viberg v. StateSupreme Court of Alabama · 1902
- Vaughn v. StateAlabama Court of Appeals · 1919
- Allen v. StateSupreme Court of Alabama · 1901
- McKinney v. StateAlabama Court of Appeals · 1915
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